Under Washington law, you cannot possess or own a firearm if you have been involuntarily committed to a mental health facility or if a court found you incompetent to stand trial.
But this is not a permanent ban. You are eligible to restore your rights if you meet the following 6 requirements, which are set forth in RCW 9.41.047:
- You are no longer required to participate in court-ordered inpatient or outpatient treatment
- You have successfully managed the mental health or other condition that related to your involuntary commitment
- You are not a substantial danger to yourself or the public
- The mental health or symptoms related to your commitment are not reasonably likely to recur in the future
- You are not subject to a civil protection order or any other order that prevents you from owning or possessing a firearm
- You must wait at least 1 year from when you discharged to file your petition
FAQ: Restoring Firearm Rights under RCW 9.41.047
How do I prove that I am not a danger to myself or others?
The most effective way is to get a letter from your doctor. This could be your treating therapist or psychiatrist, or your primary care doctor, if you don't see a specialist.
If you do not have a doctor, we recommend you obtain a comprehensive mental health evaluation or alcohol drug assessment, which we will use to show the court that are you not pose any danger to the community.
I was involuntarily committed in another state. Can I petition to restore my firearm rights in Washington?
Yes.
If you are a resident of Washington, you can file a firearm restoration petition under RCW 9.41.047. You must file the petition in the county in which you live.
Example: You were involuntarily committed in Oregon, but you now live in Port Angeles. You can file a petition to restore your firearm rights in Clallam County.
Does the court have to restore my firearm rights if I meet the 6 statutory requirements?
No.
This is why it's so important to put together a comprehensive petition, which includes medical records, reference letters, and a well-drafted personal statement.
We're generally successful because we always assume we're going to lose, even if we think you have a strong case.
Will I have to go to court?
Probably.
Many lawyers who handle firearm restoration tell you that they can handle everything for you – that you don't need to do anything after you sign up.
But this is only true if you are restoring your firearm rights because you have prior criminal convictions—not if you have been involuntarily committed.
There're two main reasons for this. First, prosecutors are more likely to object if you have been involuntarily committed. Second, judges are much more cautious about granting these petitions. The apparent link between mass shootings and mental health (although unproven) is also a factor in why judges are hesitant to grant these petitions.
